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MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin

MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin. Chapter Five Trade Unions. Preview. Reasons for joining a trade union Purpose of trade unions Definition of “trade union” Membership of a trade union Registration of trade unions Control of trade unions

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MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin

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  1. MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAWAuthor: Maimunah Aminuddin Chapter Five Trade Unions Malaysian Industrial Relations & Employment Law

  2. Preview • Reasons for joining a trade union • Purpose of trade unions • Definition of “trade union” • Membership of a trade union • Registration of trade unions • Control of trade unions • Current status of trade unions • The MTUC and the MEF Malaysian Industrial Relations & Employment Law

  3. Trade union Malaysian Industrial Relations & Employment Law

  4. Introduction • the Malaysian constitution guarantees the rights of all Malaysians to form and join a trade union, • there are several restrictions imposed by the laws relating to trade unions, i.e. the Trade Unions Act 1959 (TUA) and the Industrial Relations Act 1967 (IRA Malaysian Industrial Relations & Employment Law

  5. Trade Union Act 1959 • Trade Unions Act protects workers from being victimized by an Employer for joining a union • Trade Unions Act does not allow general unions for workers. • Membership of any trade union is confined to only those who are employees of a particular industry, establishment, trade and occupation. • Example a bank employee could only be a member of a banking union, but cannot be a member of an airline union or teachers union Malaysian Industrial Relations & Employment Law

  6. Cont…………. • For enterprise or in-house union, membership is confined to employees of that particular establishment or company - employees of the company’s subsidiary or an associate company could not join that union. Temporary workers, contract workers including foreign workers could actually join union as members Malaysian Industrial Relations & Employment Law

  7. Trade Union Act 1959 Malaysian Industrial Relations & Employment Law

  8. The Industrial Relations Act 1967 Malaysian Industrial Relations & Employment Law

  9. IRA 1967 Malaysian Industrial Relations & Employment Law

  10. Definition of trade union The legal definition of “Trade Union” in the Trade Unions Act has implications: • Membership of a union is limited to workers working in Peninsular Malaysia, or Sabah or Sarawak • Unions with membership from a variety of industries not permitted • Employerscan form unions Malaysian Industrial Relations & Employment Law

  11. Reasons for joining a trade union Malaysian Industrial Relations & Employment Law

  12. Trade unions Malaysian Industrial Relations & Employment Law

  13. Reason for forming the unions Malaysian Industrial Relations & Employment Law

  14. Registering the TU

  15. Processes in forming TU

  16. Purpose of trade unions Malaysian Industrial Relations & Employment Law

  17. Membership of trade union Malaysian Industrial Relations & Employment Law

  18. Membership of a trade union Malaysian Industrial Relations & Employment Law

  19. Unions in Malaysia • mgm 4126_total_union.htm Malaysian Industrial Relations & Employment Law

  20. Membership of a trade union, cont. Police, Armed Forces and Prison service employees canNOT join any trade union. Malaysian Industrial Relations & Employment Law

  21. Membership of a trade union, cont. Managers, Executives, Confidential Staff and Security Staff can only join a union whose members are in the same category. Malaysian Industrial Relations & Employment Law

  22. Registering a union • What are required? • What are the process? • Who will confirm the registration • Who will need to recognize the TU • What happen if the TU is not register? Not recognize? Malaysian Industrial Relations & Employment Law

  23. Registration of a trade union Malaysian Industrial Relations & Employment Law

  24. Control over trade unions Malaysian Industrial Relations & Employment Law

  25. Current status of trade unions in Malaysia • Number of unions steadily growing • Number of members increasing • Density reducing • Most unions have less than 500 members • Two types of union – national and in-house Malaysian Industrial Relations & Employment Law

  26. Types of unions Malaysian Industrial Relations & Employment Law

  27. CUEPACS • CUEPACS is a federation of trade unions of government workers • Serves as spokesman for public service workers • Membership is open to all trade unions registered under civil services or public organizations, inclusive Sabah and Sarawak Malaysian Industrial Relations & Employment Law

  28. Who are the members • Setiap kesatuan sekerja yang berdaftar yang ingin menjadi anggota CUEPACS hendaklah memberi notis kepada ahli-ahli 14 hari sebelum Mesyuarat Agung dan meluluskan satu ketetapan dalam persidangan perwakilan atau mesyuarat agung iaitu bersetuju menganggotai CUEPACS. Selepas itu kesatuan sekerja berkenaan hendaklah menghantar permohonan kepada Setiausaha Agung CUEPACS untuk dibentangkan dalam Mesyuarat Majlis Kongres. • Jumlah keanggotaan CUEPACS telah berkurangan disebabkan banyak Jabatan / Agensi Kerajaan telah diswastakan dan mereka menyertai MTUC. • Banyak kesatuan sekerja sektor awam yang baru daripada Universiti telah bergabung dengan CUEPACS. Keanggotaan gabungan CUEPACS terkini adalah terdiri daripada 100 kesatuan sekerja sektor awam Malaysian Industrial Relations & Employment Law

  29. CUEPACS WANTS TAX CUT FOR CIVIL SERVANTS _prior to Budget 2013 announcement Malaysian Industrial Relations & Employment Law

  30. The budget 2013 announced….. • 29 September 2012 • KUALA LUMPUR, Sept 28 — The 1.5 months’ bonus to 1.3 million civil servants was the best so far said Congress of Unions of Employees in the Public and Civil Services (CUEPACS) president Datuk Omar Osman He said CUEPACS also welcomed the construction of 123,000 units of affordable houses at strategic areas in Kuala Lumpur, Shah Alam (Selangor), Johor Baharu (Johor), Seremban (Negeri Sembilan) and Kuantan (Pahang) next year as it was among items relevant for civil servants. However, he was still hoping the government would lower the interest rate for housing loans from 4 per cent to 1 per cent, to reduce the burden of housing loans for civil servants in the country. Malaysian Industrial Relations & Employment Law

  31. Key players other than employee TUs, cont. The Malaysian Trades Union Congress (MTUC) • The MTUC is NOT a trade union. It is registered under the Societies Act. • The MTUC’s members are individual or private trade union from a variety of industries which choose to affiliate with it. • The MTUC speaks on behalf of unions and workers on issues related to the welfare of workers. Malaysian Industrial Relations & Employment Law

  32. MTUC • The objectives are • Providing advisory service to its members • Presenting the labour viewpoint to the government • Presenting workers’ view on national issues • Helping to organize workers who do not belong to a union • Providing trade union education • Carrying out research on matters of trade union interest Malaysian Industrial Relations & Employment Law

  33. Key players other than employee TUs, cont. The Malaysian Employers Federation (MEF) • The MEF is NOT a trade union. • The MEF speaks on behalf of employers. • The MEF carries out research. • The MEF advises its members on employment related issues. Malaysian Industrial Relations & Employment Law

  34. MTUC pickets over move to amend employment law.docx • Minimum wage gazetted.docx Malaysian Industrial Relations & Employment Law

  35. Review • Reasons for joining a trade union • Purpose of trade unions • Definition of “trade union” • Membership of a trade union • Registration of trade unions • Control of trade unions • Current status of trade unions • The MTUC and the MEF Malaysian Industrial Relations & Employment Law

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